Property Tax Q & A
Property Tax FAQ's
By Daniel A. Weiss, Esq.
Q: If I forgot to file for homestead exemption by March 1, 2005. Is it too late to file?
A: No. Homestead exemption applications may still be late-filed and considered for 2005, provided a value adjustment board petition is also filed no later than the petition filing deadline, which is estimated to be during the second half of September 2005 in both Miami-Dade and Broward Counties. Review your Notice of Proposed Taxes (“TRIM” notice) when it arrives in August to be sure of the filing deadline.
Q: Doesn’t Florida law prohibit an annual increase in assessed value of more than 3%?
A: Only on residential property in years after the year homestead exemption is established, with certain exceptions.
Q: How much will my previously-exempt homestead residence increase in assessed value for 2005?
A: 3% or the cost-of living index, whichever is less, with certain exceptions.
Q: Can my commercial, industrial and non-homestead residential property assessment increase annually?
A: Yes. All non-homestead property is reassessed annually based on its market value as of January 1st.
Q: How and when can I appeal my tax assessment?
A: By filing a petition within 25 days from the date of mailing of the Notice of Proposed Taxes (“TRIM” notice), which is mailed during the month of August by the Property Appraiser in each county in Florida.
Q: May I hire a lawyer or other agent to appeal my tax assessment?
A. Yes.
Q: May I hire someone to appeal whose compensation is based on any tax reduction obtained?
A: Yes.
Q: Can the same person address my homestead, charitable, agricultural, and tangible personal property issues?
A: Yes.
Daniel A. Weiss has over 24 years property tax experience. Mr. Weiss represented the taxing authorities in administrative matters, litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant Attorney; served as Legal Special Master for the Miami-Dade County Value Adjustment Board from 1999-2000, and has represented municipalities and taxpayers in tax assessment, classification, exemption and collection matters since 1997.
Mr. Weiss has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service 2d, "Agricultural and Other Classified Properties" published by legal publisher Matthew Bender, and is a lecturer on property taxation for the National Business Institute.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida. The Legal Elite represents the top 1.6% of lawyers in the State, as chosen by their peers.
Mr. Weiss’s practice involves not only property taxation consulting, appeals and litigation, but also real estate, zoning, code enforcement and civil appeals. Other lawyers in our firm handle state and federal criminal and civil trial and appellate matters, including employment and commercial issues.
DANIEL A. WEISS
http://www.tannebaumweiss.com/property_tax.php
Tannebaum Weiss, LLP
Museum Tower
150 West Flagler Street, Penthouse Miami, Florida 33130
Phone: (305) 374-7850 Fax: (305) 374-0081
Email: daw@tannebaumweiss.com
By Daniel A. Weiss, Esq.
Q: If I forgot to file for homestead exemption by March 1, 2005. Is it too late to file?
A: No. Homestead exemption applications may still be late-filed and considered for 2005, provided a value adjustment board petition is also filed no later than the petition filing deadline, which is estimated to be during the second half of September 2005 in both Miami-Dade and Broward Counties. Review your Notice of Proposed Taxes (“TRIM” notice) when it arrives in August to be sure of the filing deadline.
Q: Doesn’t Florida law prohibit an annual increase in assessed value of more than 3%?
A: Only on residential property in years after the year homestead exemption is established, with certain exceptions.
Q: How much will my previously-exempt homestead residence increase in assessed value for 2005?
A: 3% or the cost-of living index, whichever is less, with certain exceptions.
Q: Can my commercial, industrial and non-homestead residential property assessment increase annually?
A: Yes. All non-homestead property is reassessed annually based on its market value as of January 1st.
Q: How and when can I appeal my tax assessment?
A: By filing a petition within 25 days from the date of mailing of the Notice of Proposed Taxes (“TRIM” notice), which is mailed during the month of August by the Property Appraiser in each county in Florida.
Q: May I hire a lawyer or other agent to appeal my tax assessment?
A. Yes.
Q: May I hire someone to appeal whose compensation is based on any tax reduction obtained?
A: Yes.
Q: Can the same person address my homestead, charitable, agricultural, and tangible personal property issues?
A: Yes.
Daniel A. Weiss has over 24 years property tax experience. Mr. Weiss represented the taxing authorities in administrative matters, litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant Attorney; served as Legal Special Master for the Miami-Dade County Value Adjustment Board from 1999-2000, and has represented municipalities and taxpayers in tax assessment, classification, exemption and collection matters since 1997.
Mr. Weiss has more than 70 published opinions to his credit, including 55 property tax opinions, is co-author of Chapter 64 of the Florida Tax Service 2d, "Agricultural and Other Classified Properties" published by legal publisher Matthew Bender, and is a lecturer on property taxation for the National Business Institute.
In Florida Trend magazine’s “Legal Elite” issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida. The Legal Elite represents the top 1.6% of lawyers in the State, as chosen by their peers.
Mr. Weiss’s practice involves not only property taxation consulting, appeals and litigation, but also real estate, zoning, code enforcement and civil appeals. Other lawyers in our firm handle state and federal criminal and civil trial and appellate matters, including employment and commercial issues.
DANIEL A. WEISS
http://www.tannebaumweiss.com/property_tax.php
Tannebaum Weiss, LLP
Museum Tower
150 West Flagler Street, Penthouse Miami, Florida 33130
Phone: (305) 374-7850 Fax: (305) 374-0081
Email: daw@tannebaumweiss.com
posted by Daniel A. Weiss at
12:47 PM
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